s. 16(1) Consent conditions of licence: 19477787 Ontario Inc. o/a Park Lawn Corporation o/a Basic Funerals and Cremation Choices
Ontario Regulation 30/11 requires that the registrar of the of the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, Chapter 33 (the FBCSA) make certain information available to the public. The informational requirement includes sections 111(1) 10 in respect to each action taken under the FBCSA. Section 111(4) of the Act also provides that, where the registrar becomes aware of information in respect to a licensee who is carrying out activities under the Act and is of the opinion that the information would assist in protecting the public if the public know of it, the registrar may disclose the information to the public and by other means. Section 111(9) goes on to provide that, as part of the obligation to make information available to the public, the registrar may post the information on the website used by the registrar.
As a result, and in accordance with the BAO’s public interest mandate, on July 27, 2018, the registrar issued a Notice of Proposal to Suspend the Funeral Establishment (Class 1) licence of 19477787 Ontario Inc. o/a Park Lawn Corporation o/a Basic Funerals and Cremation Choices (Basic Funerals and Cremation Choices). The Notice of Proposal was deemed necessary as the past conduct of Basic Funerals and Cremation Choices was believed to be inconsistent with the intention and objective of the FBCSA and warranted disentitlement under the Act.
Basic Funerals and Cremation Choices has now voluntarily agreed to enter into consent conditions of licence in accordance with section 16 of the FBCSA. The conditions of licensure in their entirety can be made available to the public without charge through electronic or other means. Basic Funerals and Cremation Choices has a positive obligation to comply with those conditions, which are effective as of today’s date. Based upon this, the Proposal to Suspend has been withdrawn. In accordance with the BAO’s public interest mandate, and in order to protect the public, information in respect to those consent conditions of licensure is available upon written request sent to email@example.com.
The BAO remains committed to its consumer protection mandate and its responsibility to regulate the bereavement sector. The BAO reminds licensees that they are responsible for meeting their legal obligations and the conditions attached to their licence class. Funeral Establishment Operator – Class 1 licensees are specifically reminded that 33 and 47 of O.Reg. 30/11 specifically provide that:
Funeral Establishment Operator – Class 1 licence
33.(1) This section sets out conditions of every Funeral Establishment Operator – Class 1 licence. O. Reg. 30/11, s. 33 (1).
(2) The funeral establishment operator shall ensure that there is a holding room on the funeral establishment premises that meets the requirements of section 47. O. Reg. 30/11, s. 33 (2).
- A Funeral Establishment Operator – Class 1, a Transfer Service Operator – Class 1 or a Transfer Service Operator – Class 2 who makes use of, or offers for use, a holding room for dead human bodies shall ensure that the holding room meets the following requirements:
- The interior of the holding room shall not be visible from a public area when the doors to the room are closed.
- The holding room, including all of its surfaces, and the equipment used in the room shall be capable of being easily cleaned, sanitized and disinfected.
- The holding room shall be equipped with the following:
i.The materials and equipment necessary to clean, sanitize and disinfect the room and the equipment used in the room.
ii.The materials and equipment necessary to prepare dead human bodies, including cleaning, sanitizing and disinfecting them, but not including arterially embalming or restoring them.
iii. A supply of running water with a device to prevent back-flow of water.
iv. A sufficient supply of personal protective equipment and clothing for each person in the room handling a dead human body.
v. Mechanical ventilation directly to the outside of the building.
- The holding room shall be used only as a holding room unless it is also an embalming room, in which case it shall be used only as a holding room and an embalming room. O. Reg. 30/11, s. 47.
The FBCSA and its regulations are available online and free of charge through The Canadian Legal Information Institute. Please refer to: https://www.canlii.org/en/on/laws/stat/so-2002-c-33/latest/so-2002-c-33.html?autocompleteStr=Funeral%20B&autocompletePos=1